Off the Record: A Legal Podcast

Episode Summary:

Rhett Burney delves into the misconceptions around filing first in a divorce case in South Carolina. He clarifies that the court does not inherently favor the filing spouse and discusses the strategic advantages of filing second for trial preparation.

Key Timestamps:

00:00 – Introduction

01:45 – Strategic advantage of filing second for trial

03:30 – Factors influencing child custody decisions

06:1...

Episode Summary:

In this episode of *Off the Record* Rhett Burney discusses the importance of special needs trusts in protecting benefits for individuals with disabilities. Rhett shares insights on how these trusts safeguard eligibility for programs like Medicaid and Social Security while allowing families to provide long-term support. Learn about the risks of leaving money directly to a child with special needs and the real-life i...

Episode Summary:

Attorney Rhett Burney sheds light on the complexities that arise when divorce proceedings intersect with bankruptcy filings. From automatic stays halting family court cases to the nuanced division of marital debts and assets, Rhett provides insights into how these legal processes intertwine to impact families.

Key Timestamps:

00:00 – Introduction

01:20 – Impact of bankruptcy filing on family court proce...

Episode Summary: In this episode of *Off the Record*, the family law and estate planning attorney sheds light on Intestate laws and what happens when someone dies without a will. Explaining the intricacies of property division and dispelling common misconceptions, the episode offers valuable insights for anyone navigating the complexities of estate planning.

Key Timestamps: - 00:00 – Introduction - 01:30 – Definition of...

Episode Summary: In this episode of *Off the Record* Rhett Burney delves into the rights of non-custodial parents regarding access to their children's school and medical information under South Carolina law. Exploring key legal provisions, Rhett sheds light on the nuances of parental rights and decision-making authority in educational and medical matters.

Key Timestamps: 00:00 – Introduction 01:30 – Rights of non-custod...

Episode Summary:

In this episode of *Off the Record* Rhett Burney sheds light on the critical aspect of beneficiary designations and how they can override wills. He explains how various accounts like life insurance policies and retirement plans require careful beneficiary selection and discusses the implications of not updating these designations. Rhett emphasizes the significance of primary and contingent beneficiaries, offering v...

Episode Summary:

In this episode of *Off the Record* Rhett Burney sheds light on the critical aspect of beneficiary designations and how they can override wills. He explains how various accounts like life insurance policies and retirement plans require careful beneficiary selection and discusses the implications of not updating these designations. Rhett emphasizes the significance of primary and contingent beneficiaries, offering v...

Episode Summary:

In this episode of *Off the Record* Rhett Burney addresses the topic of gender bias in family court outcomes. He debunks common myths and shares insights based on his 30+ years of experience, highlighting the shift towards more equitable treatment for fathers and mothers in custody cases. Rhett emphasizes the importance of factual evidence and parental involvement in influencing court decisions, offering valuable a...

Episode Summary: In this episode of *Off the Record*, family law paralegals Lisette Marin and Danielle Stubbs discuss the crucial steps and key documents required in handling contempt actions in family court. They emphasize the importance of gathering solid proof to support allegations of court order violations and offer valuable insights on preparing for contempt hearings.

Key Timestamps:

00:00 – Introduction

01:30 – ...

Episode Summary: In this episode of *Off the Record*, family law paralegals Lisette Marin and Danielle Stubbs from the law office of Rhett Burney discuss the essential financial information needed for calculating child support in South Carolina. They break down the required paperwork, court expectations, and how various financial factors influence the child support calculation process.

Key Timestamps: 00:00 – Introduction 00:...

Episode Summary:

In this episode of *Off the Record*, family law paralegals, Danielle Stubbs and Lisette Marin from the law offices of Rhett Burney, delve into the intricacies of temporary hearings in family law cases. They discuss the significance of temporary hearings at the early stages of a case, the crucial documents needed, and the essential preparation process for clients. Listeners gain valuable insights into the timeline, ...

Episode Summary:

In this episode of *Off the Record*, family law paralegals from the office of Rhett Burney, Lisette Marin, and Danielle Stubbs discuss the essential steps involved in initiating a divorce process in South Carolina. From gathering necessary documents like marriage licenses and birth certificates to understanding the significance of proper service and timelines, the paralegals provide valuable insights into the earl...

Episode Summary:

In this episode of *Off the Record*, family law expert Melissa Smith sheds light on the complexities of emergency medical decision-making in scenarios where parents are unavailable or in the midst of custody disputes. From the authority of medical providers to the rights of non-custodial parents, Melissa offers valuable insights into navigating legal matters concerning children's healthcare.

Key Timestamps:

00:00 &...

Episode Summary:

Melissa Smith, a family law attorney, delves into the legal aspects of safeguarding your family home in South Carolina. She emphasizes the importance of legally documenting your wishes to ensure a smooth transfer of property after your passing, shedding light on common misconceptions and potential pitfalls in estate planning.

Key Timestamps:

00:00 – Introduction

01:17 – Importance of legal documentation...

Episode Summary:

In this episode, family law attorney Melissa Smith sheds light on parental alienation, a complex issue in custody cases where one parent influences a child's opinion of the other. Melissa explains the challenges of proving parental alienation, the impact on children, and ways to protect and repair parent-child relationships amidst divorce.

Key Timestamps:

- 00:00 – Introduction

- 00:45 – Definition and...

Episode Summary:

In this episode of *Off the Record*, family law attorney Melissa Smith sheds light on child support enforcement in South Carolina. From defining contempt of court to exploring enforcement options, Melissa provides valuable insights for anyone navigating child support challenges.

Key Timestamps:

00:00 – Introduction

00:45 – Gathering Evidence Before Heading to Court

01:30 – Defining Contempt of Cou...

Episode Summary: 

In this episode of *Off the Record*, Rhett Burney sheds light on the pitfalls of creating wills and estate plans using online templates. He discusses the common issues that arise from these DIY documents, emphasizing the importance of seeking professional legal advice to avoid future complications.

Key Timestamps:

- 00:00 – Introduction

- 01:30 – Common issues with online wills

- 02:45 – Imp...

Episode Summary:

In this episode of *Off the Record*, Rhett Burney discusses the complexities of custody and visitation schedules in South Carolina, specifically focusing on how breastfeeding can impact court decisions. Rhett sheds light on how judges handle cases where breastfeeding becomes a contentious issue between parents and emphasizes the importance of creating stability and fairness for both parents involved.

Key Timestamps...

Episode Summary:

Attorney Rhett Burney shares insights on handling properties in different states during estate planning. From trust setups to probate processes, he explains the complexities and offers solutions for a seamless transition of ownership.

Key Timestamps:

00:00 – Introduction

00:45 – Handling multi-state properties

01:30 – Trusts vs. estates for property management

02:15 – Simplifying property tr...